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Chap._Copyright No._ 

Shft lf T/V 

_ .0. t. MT 

UNITED STATES OF AMERICA. 



















THE LATEST EDITION 


OF THE 

MINING LAWS 

FROM THE 


REVISED STATUTES OF THE UNITED STATES, 
ACTS OF CONGRESS AMENDATORY 
THERETO AND LAWS OF THE 
LEGISLATURE OF THE 


STATE OF COLORADO, 

TOGETHER WITH 


RULES GOVERNING PROSPECTING and MINING 

ON STATE LANDS, 

GLOSSARY OF MINING TERMS, 

AND 

TABLE OF MINERAL CONSTITUENTS. 


L 

Y 


11 

•I 




4 £ 


Compiled by W. H. Montgomery. 

V ► 


Oi7 


.X Br 


27 TV/ / 




C,0 


(7 


COPYRIGHTED 1896 

Published by HAGAR & MONTGOMERY, 

1633 Champa Street, Denver, Colo. 






C. E. HAGAR, w. H. MONTGOMERY, 

EX-RECEIVER U. S. LAND OFFICE. PUBLISHER. 

HAGAR & MONTGOMERY, 

PUBLISHERS OF 

Official Map of the Cripple Creek and West Creek Gold Belt. 

From Records of U. S. Land Offices. 


1633 CE.AIIVEE.A STREET. 

TELEPHONE 879. _ . . 

OENYEB, COLO- j I ■ ^ 

_ .CtAl7 

TESTIMONIALS. 


“ It shows the lands that are patented and those open for mineral 
locations, the location of all the new townsites, school sections, etc., 
and may be said to be indispensable to the prospector and land locator/’ 
—Mining Industry and Review. 

“An accurate and timely publication for prospectors. The data for 
the map is from official sources.”— Rocky Mountain News. 

“Valuable for reference—a book the miner, investor and prospector 
will appreciate. It is the most complete work of the kind yet issued in 
Colorado.”— Denver Republican. 

“The new map showing West Creek and Cripple Creek mining 
districts is one of the handiest things that has been issued. The digest 
of mining laws and rules for leasing State lauds are invaluable.”— Denver 
Evening Post. 

“The Gold Belt Map is a valuable production. It is as accurate as 
government surveys and records can make it. The mining laws accom¬ 
panying the map, compiled by Mr. Montgomery, are compactly arranged 
and are alone worth the price asked for both—$1.”— Victor Daily Record. 

“ It is absolutely correct and official, bearing the endorsement of the 
officials of the U. S. land offices at Denver and Pueblo.”— Denver Times. 

“A very useful map. The work is in a convenient form for the pocket 
and altogether is a most useful addition to the outfit of the prospector) 
while it is equally as useful to the lawyer and any one interested in 
mining.”— Colorado Springs Gazette. 

“The map is very valuable. It shows the West Creek district, is 
carefully gotten up, and is meeting with a large sale.”— Denver Evening 
Post. 

“This map is authentic in every detail, as shown by certificates from 
the U. S. land offices, which are attached.”— Rocky Mountain Herald. 

“One of the best things put upon the market during the year is the 
Map of the Cripple Creek, North Cripple Creek and West Creek Gold Belt, 
accompanied by the latest edition of the mining laws, by Messrs. Hagar & 
Montgomery.”— Colorado Springs Mining Era. 

“ It is authentic, up to date, and is endorsed by the officials of the U. 
S. land office. Accompanying it is a very complete copy of the mining 
laws, and it is placed on the market at $1.”— West Creek Gold Brick. 


FOR INCORPORATED COMPANIES 
... WE FURNISH . . . 

Stock Certificates, Stock Ledgers, Transfer Ledgers, Seals, 
Certificate of Incorporation Blanks, 

Notice for Annual Meeting, Proxies for Voting Stock, 
Pay Rolls, Vouchers. 


L " 1 LI T PI LI IV JE OF' IG Id I j TI T. A NTTT , 

W. F. Robinson & Co., 

1514 ARAPAHOE STREET, DENVER, COLO. 









MINING LAWS 





Note—The rules and regulations adopted by the pros¬ 
pectors and miners of any district, when not in conflict 
with the laws of the United States, or any State thereof, 
are recognized by the different courts as valid, and the 
United States statutes recognizes their validity by refer¬ 
ence in the text of the fundamental law governing 
mining. 


The full and complete laws as passed by the Legisla¬ 
ture of the State of Colorado, from which this condensed 
compilation is made, will be found as follows: Gen¬ 
eral Statutes, 1883, pp. 718 to 729 inclusive; general 
section 2137, p. 663; page 276, Session Laws 1885; pages 340- 
343, Session Laws 1887; pages 248, 261, 460, 461, 183, 184, 
185, 273, 274, 275, 276, 254 to 259, Session Laws of 1889; 
pages 113, 261, Session Laws 1891, and page 349, Session 
Laws of 1893. The Revised Statutes of the United States, 
title XXXII., chapter 6, edition of 1878, and the acts of 
Congress amendatory thereto, are used in addition, as 
indicated by reference. 


Mineral Land Reserved. 


In all cases lands valuable for minerals shall be re¬ 
served from sale, except as otherwise expressly directed 
by law. (Rev. Stat. U. S., Sec. 231S.) 

Public Lands Open to Prospectors. 


All valuable mineral deposits in lands belonging to 
the United States, both surveyed and unsurveyed, are 
hereby declared to be free and open to exploration and 
purchase, and the lands in which they are found, to oc¬ 
cupation and purchase by citizens of the United States 
and those who have declared their intention to become 
such, under regulations prescribed by law, and according 
to the local customs or rules of miners in the several min¬ 
ing districts, so far as the same are applicable and not 
inconsistent with the laws of the United States. (Rev. 
Stat. U. S., Sec. 2319.) 


Reservations Open for Minins'. 

Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America, in Congress assem¬ 
bled, that the forest reservations in the State of Colorado, 
known as the Pike’s peak forest reserve, the Plum creek 
forest reserve, and the South Platte forest reserve, estab¬ 
lished by executive proclamation dated, respectively, 
March 18, 1892, June 23, 1892, and December 9, 1892, in the 
State of Colorado, in accordance with section 24 of the act 
of March 3, 1891, from and after the passage of this act, 
shall be open to the location of mining claims thereon for 
gold, silver and cinnabar, and that title to such mining 
claims may be acquired in the same manner as it may be 
acquired to mining claims upon the other mineral lands 
of the United States for such purposes; provided, that all 
locations of mining claims heretofore made in good faith 
within said reservations, and which have been held and 
worked in the same manner as mining claims are held and 
worked under existing law upon the public domain, are 
validated by this act. 




4 


Section 2. That owners of valid mining locations made 
and held in good faith under the terms of this act, shall 
be, and are hereby, authorized and permitted to fell and 
remove from such mining claims any timber growing 
thereon, for actual mining purposes in connection with 
the particular claim from which the timber is felled or 
removed, but no other timber shall be felled or removed 
from any other portions of said reservations by private 
parties for any purpose whatever. (Act of Congress, ap¬ 
proved by the President, February 20, 1896.) 

Laws of Mining- Districts—Record. 

A copy of all the records, laws and proceedings of' 
each mining district, so far as they relate to lode claims, 
shall be tiled in the office of the county clerk of the county 
in which the district is situated, within the boundaries 
of the district attached to the same, which shall be taken 
as evidence in any court having jurisdiction in the matters 
concerned in such record or proceeding; and all such rec¬ 
ords of deeds and conveyances, laws and proceedings of 
any mining district heretofore tiled in the clerk’s office of 
the proper county and transcripts thereof duly certified, 
whether such records relate to gulch (placer) claims, lode 
claims, building lots or other real estate, shall have the 
like effect as evidence. (Sec. 2396, Gen. Stat. 1883. See 
Rev. Stat. U. S., Sec. 2324.) 

Length of Lode Claim. 

The length of any lode claim hereafter located may 
equal but not exceed fifteen hundred feet along the vein. 
(Sec. 2397, Gen. Stat. 1883. Rev. Stat. U. S., Sec. 2320.) 

Width of Lode Claim. 

The width of lode claims nereafter located in Gilpin, 
Clear Creek, Boulder and Summit counties, shall be sev¬ 
enty-five feet on each side of the centre of the vein or 
crevice; and in all other counties the width of the same 
shall be one hundred and fifty feet on each side of the 
centre of the vein or crevice. (Sec. 2398, Gen. Stat. 1883. 
Practically same provisions expressed in Sec. 2320, Rev. 
Stat. U. S.) 

Discovery—Recording—Conditions. 

The discoverer of a lode shall, within three months 
from the date of discovery, record his claim in the office 
of the recorder of the county in which such lode is situ¬ 
ated, by a location certificate, which shall contain: 1. 
The name of the lode. 2. The name of the locator. 3. 
The date of location. 4. The number of feet in length 
claimed on each side of the centre of the discovery shaft. 
5. The general course of the lode as near as may be. 
(Rev. Stat. U. S., Sec. 2324. Gen. Stat. Colo., Sec. 2399.) 

Lode Claim—How- Located. 

Before filing such location certificate the discoverer 
shall locate his claim by: 1. Sinking a discovery shaft 
upon the lode to the depth of at least ten feet from the 
lowest part of the rim of such shaft at the surface, or 
deeper, if necessary to show a well-defined crevice. 2. 
By posting at the point of discovery on the surface a 
plain sign or notice, containing the name of the lode, the 
name of the locator and the date of discovery. 3. By 
marking the surface boundaries of the claim. (Sec. 2401, 
Gen. Stat. 1883. Rev. Stat. U. S., Sec. 2324.) 


o 


What Location Includes. 

. The location or location certificate of any lode claim 

shall be construed to include all surface ground within the 
surface lines thereof, and all lodes and ledges throughout 
theii entiie depth, the top or apex of which lie inside of 
such lines extended downward, vertically, with such parts 
of all lodes or ledges as continue by dip beyond the side 
lines of the claim, but shall not include any portion of 
such lodes or ledges beyond the end lines of the claim or 
the end lines continued, whether by dip or otherwise, or 
beyond the side lines in any other manner than by the dip 
of the lode. (Sec. 2405, Gen. Stat. 1883.) 


Surface Bonmlaries-How Marked. 

Such surface boundaries shall be marked by six sub¬ 
stantial posts hewed or marked on the side or sides which 
are in toward the claim, and sunk in the ground, to-wit: 
One at each corner and one at the centre of each side 
line. Where it is practically impossible, on account of 
bed rock, to sink such posts, they may be placed in a pile 
of stones, and where, in marking the surface boundaries 
of a claim, any one or more of such posts shall fall by 
right upon precipitous ground, where the proper placing of 
it is impracticable or dangerous to life or limb, it shall be 
*legal and valid to place any such post at the nearest prac¬ 
ticable point, suitably marked to designate the proper 
place. (Sec. 2402, Gen. Stat. 1883.) (Note—A bill is now 
efore Congress which provides that the side lines of all 
iaims shall be distinctly marked by posts 100 feet apart. 
January 20, 1896.—Ed.) 

gjription to Designate Location. 

The description of vein or lode claims, upon surveyed 
ands, shall designate the location of the claim with ref¬ 
erence to the lines of the public surveys, but need not con¬ 
orm therewith; but where a patent shall be issued for 
laims upon unsurveyed lands, the surveyor-general, in 
xtending the surveys, shall adjust the same to the boun¬ 
daries of such patented claim, according to the plat or 
description thereof, but so as in no case to interfere with 
;jr change the location of any such patented claim. (Rev. 
|tat. U. S., Sec. 2327.) 

ficate for Eacli Location. 

i No location certificate shall claim more than one loca¬ 
tion, whether the location be made by one or several lo¬ 
iters, and if it purport to claim more than one location 
shall be absolutely void, except as to the first location 
erein described, and if they are described together, or 
that it cannot be told which location is first described, 
kle certificate shall be void as to all. (Sec. 2412, Gen. 
Stat. 1883.) 

Sixty Days to Sink Sliaft. 

The discoverer shall have sixty days from the time of 
uncovering or disclosing a lode to sink a discovery shaft 
thereon. (Sec. 2404, Gen. Stat. 1S83.) 


Atlit or Crosscnt Equivalent to Shaft. 

Any open cut, crosscut or tunnel which shall cut a lode 
at the" depth of ten feet below the surface shall hold 
such lode, the same as if a discovery shaft were sunk 
thereon, or an adit of at least ten feet in along the lode 
from the point where the lode may be in any manner 
discovered, shall be equivalent to a discovery shaft. (Sec. 
2403, Gen. Stat. 1883.) 


9 




6 


Assessment Work. 

* * * On each claim located after the 10th day 
of May, 3872, and until a patent has been issued there¬ 
for, not less than one hundred dollars’ worth of labor 
shall be performed or improvements made during each 
year. * * * (Rev. Stat. U. S., Sec. 2324.) 


Time for Performance of Labor. 

That the period within which the work required to be 
done annually on all unpatented mineral claims shall 
commence on the first day of January succeeding the date 
of location of such claim, and this section shall apply to 
all claims located since the 10th day of May, A. D. 1872. 
(Act of Congress, January 22, 1S80, Sec. 2.) 

Affidavit of Performance of Labor. 

Within six months after any set time or annual period 
allowed for the performance of labor or making improve¬ 
ments upon any lode or placer claim, the person on whose 
behalf such outlay was made, or some person for him, 
may make and record in the office of the recorder of the 
county wherein such claim is situate, an affidavit * * * 
and such affidavit, when so recorded, shall be prima facie 
evidence of the performance of such labor or the making 
of such improvements. (Sec. 2410. Gen. Stat. 1883, as 
amended March 31, 18S7.) 


Forfeitui’e to Co-Owners—Delinquency. 


* * * On each claim located after the 10th day of 
May, 1872, and until a patent has been issued therefor, not 
less than $100 worth of labor shall be performed or im¬ 
provements made during each year. On all claims located 
prior to the 10th day of May, 1872, ten dollars’ worth of 
labor shall be performed or improvements made by the 
tenth day of June, 1874, and each year thereafter, for each 
one hundred feet in length along the vein, until a patent 
has been issued therefor, but where such claims are held in 


common, such expenditure may be made upon any one 
claim, and upon a failure to comply with these conditions, 
the claim or mine upon which such failure occurred shall 
be open to relocation, in the same manner as if no 
location of the same had ever been made; provided, 
that the original locators, their heirs, assigns or 
legal representatives, have not resumed work upon 
the claim after failure and before such location. Upon 
the failure of any one of several co-owners to contribute 
his proportion of the expenditures required hereby, the 
co-owners who have performed the labor or made tiie im¬ 
provements may, at the expiration of the year, to-wit: the 
fii st of August, 18<9, for the locations heretofore made, 
and one year from the date of locations hereafter made! 
give such delinquent co-owner personal notice in writ¬ 
ing, or if he be a non-resident of the State, a notice bv 
publication in the newspaper published nearest the claim 
for at least once a week for ninety days, and mailing him 
a copy of such newspaper, if his address be known, and 
if, at the expiration of ninety days after such notice in 
wiiting, oi aftei the first publication of such notice, such 
delinquent should fail or refuse to contribute his propor¬ 
tion of the expenditure required by this action, his inter¬ 
est in the claim shall become the property of his co-owners 
w T ho have made the required expenditures. Rev. Stat. 
U. S.. Sec. 2324.) * Amended and approved June 6 1874 
to extend time to Jan. 1, 1S75. 


7 


Re-Location of Abandoned Claims. 

The relocation of abandoned lode claims shall be by 
sinking a new discovery shaft and fixing new boundaries 
in the same manner as if it were the location of a new 
claim; or the relocator may sink the original discovery 
shaft ten feet deeper than it was at the time of aban¬ 
donment, and erect new or adopt the old boundaries, re¬ 
newing the posts if removed or destroyed. In either case 
a new location stake shall be erected. In any case, 
whether the whole or part of an abandoned claim is taken, 
the location certificate may state that the whole or any 
part of the new location is located as abandoned prop¬ 
erty. (Sec. 2411, Gen. Stat. 18S3.) 

.Defective Location—How Remedied. 

If, at any time, the locater of any mining claim here¬ 
tofore or hereafter located, or liis assigns, shall appre¬ 
hend that his original certificate was defective, erroneous, 
or that the requirements of the law had not been complied 
with before filing, or shall be desirous of changing his 
surface boundaries, or of taking in any part of an over¬ 
lapping claim which has been abandoned, or in case the 
original certificate was made prior to the passage of this 
law, and he shall be desirous of securing the benefits of 
this act, such locator, or his assigns, may file an additional 
certificate, subject to the provisions of this act; provided, 
that such relocation does not interfere with the existing 
rights of others at the time of such relocation, and no such 
relocation or other record thereof shall preclude the claim¬ 
ant or claimants from proving any such title or titles as 
he or they may have held under previous location. (Sec. 
2409, Gen. Stat. 1883.) 

When Location Certificate Void. 

Any location certificate of a lode claim which shall 
not contain the name of the lode, the name of the locator, 
the date of location, the number of lineal feet claimed on 
each side of the discovery shaft, the general course of the 
lode, and such description as shall identify the claim with 
reasonable certainty, shall be void. (Sec. 2400, Gen. Stat. 
1883.) 

End Lines Absolute. 

If the top or apex of a lode in its longitudinal course 
extends beyond the exterior lines of the claim at any 
point on the surface, or as extended vertically downward, 
such lode may not be followed in its longitudinal course 
beyond the point where it is intersected by the exterior 
lines. (Sec. 240G, Gen. Stat. 1S83.) 

Apex, Side and End Lines. 

The locators of all mining locations heretofore made, 
or which shall hereafter be made, on any mineral vein, 
lode or ledge, situated 'on the public domain, their heirs or 
assigns, where no adverse claim exists, on the tenth day 
of May, 1872, so long as they comply with the laws of the 
United States, and with State, Territorial and local reg¬ 
ulations not in conflict with the laws of the United 
States governing their possessory title, shall have the ex¬ 
clusive right of possession and enjoyment of all the sur¬ 
face included within the lines of their locations, and of 
all veins, lodes and ledges throughout their entire depth, 
the top or apex of which lies inside of such surface lines 
extended downward vertically, although such veins, lodes 
or ledges may so far depart from a perpendicular in their 
course downward as to extend outside the vertical side 


8 


lines of such surface locations; blit their right of pos¬ 
session to such outside parts of such veins or ledges shall 
be confined to such portions thereof as lie between ver¬ 
tical planes drawn downward, as above described, through 
the end lines of their location, so continued in their own 
direction that such planes will intersect such exterior 
parts of such veins or ledges; and nothing in this section 
shall authorize the locator or possessor of a vein or lode 
which extends in its downward course beyond the verti¬ 
cal lines of his claim to enter upon the surface of a claim 
owned or possessed by another. (Rev. Stat. U. S., Sec. 
2322.) 

First Discovery Valid. 

Where two crevices are discovered at a distance from 
each other, and known by different names, and it shall ap¬ 
pear that the two are one and the same lode, the persons 
having recorded on the first discovered lode shall be the 
legal owners. (Sec. 2392, Gen. Stat. 1883.) 

Intersecting: Veins—Rights. 

Where two or more veins intersect or cross each other, 
priority of title shall govern, and such prior location shall 
be entitled to all ore or mineral contained within the 
space of intersection; but the subsequent location shall 
have the right of way through the space of intersection, 
for the purposes of the convenient working of the mine; 
and, where two or more veins unite, the oldest or prior loca¬ 
tion shall take the vein below the point of union, includ¬ 
ing all the space of intersection. (Rev. Stat. U. S., Sec. 
2336.) 

Prior Record Determines Rights. 

Where it shall appear that one lode crosses, runs into, 
or unites with any other lode, the priority of record shall 
determine the rights of claimants. (See Sec. 2391,. Gen. 
Stat. 1883.) 

Itiglit of Way for Hauling- Quartz. 

Every miner shall have the right of way across any 
and all claims for the purpose of hauling quartz from his 
claim. (Sec. 2394, Gen. Stat. 1883.) 

Rlglit of Way for Water. 

Whenever any person or persons are engaged in bring¬ 
ing water into any portion of the mines, they shall have 
the right of way secured to them, and may pass over any 
claim, road, ditch or other structure; provided, the water 
be guarded so as not to interfere with prior lights. (Sec. 
23S7, Gen. Stat. 1883. See Rev. Stat. U. S., Sec. 2339.) 

Riglit of Way for Ditcli of Finnic. • 

All mining claims now located or which may hereafter 
be located, shall be subject to the right of way of any 
ditch or flume for mining purposes, or of any tramway 
or pack trail, whether now in use or which may be here¬ 
after laid out across any such location; provided always, 
that such right of way shall not b3 exercised against any 
location duly made and recorded and not abandoned 
prior to the establishment of the ditch, flume, tramway or 
pack trail, without consent of the owner, except by con¬ 
demnation, as in case of land taken for public" high¬ 
ways. Parol consent to the location of any such ease¬ 
ment. accompanied by the completion of the same over 
the claim, shall be sufficient without writings; and pro- 


9 


vided, further, that such ditch or flume shall be so con¬ 
structed that the water from such ditch or flume shall 
not injure vested rights by flooding or otherwise. (Sec. 
2407. Gen. Stat. 1883. See Rev. Stat. U. S., Sec. 2339.) 

Mining; Under Surface—Security. 

When the right to mine is in any case separate from 
the ownership or right of occupancy to the surface, the 
owner or rightful occupant of the surface may demand 
satisfactory security from the miner, afid if it be refused, 
may enjoin such miner from working until such security 
is given. The order for injunction shall flx the amount of 
bond. (Sec. 2408, Gen. Stat. 1883.) 

Mining' Under Buildings—Security. 

No person shall have the right to mine under any 
building or other improvement unless he shall first se¬ 
cure the parties owning the same against all damages, 
except by priority of right. (Sec. 2388, Gen. Stat. 1883.) 

Washing Down Tailings—Flooding. 

In no case shall any person or persons be allowed to 
flood the property of another person with water, or wash 
down the tailings of his or their sluice upon the claim or 
property of other persons, but it shall be the duty of 
every miner to take care of his own tailings, upon his own 
property, or become responsible for all damages that may 
arise therefrom. (Sec. 2393, Gen. Stat. 1883.) 

Ore Wrongfully Mined—Recovery. 

In trials for the recovery of the value of ore or min¬ 
eral wrongfully mined and extracted, if plaintiff shows 
himself entitled to recover, provided he had the rightful 
possession of the ground from which the ore was taken 
at the time the action was brought or tried, the fact de¬ 
fendant may have been in possession, either actual or con¬ 
structive, when the case was tried, such fact shall not 
deprive plaintiff from recovering damages for the value 
of the ore or mineral mined and extracted according to 
the rules of law pertaining to the trials of actions of that 
character. But for the purpose of the action plaintiff 
shall be deemed and held to be in possession of all the 
ground, drifts, stopes, openings and premises from which 
the ore was taken, although he may not be able to reach 
such ground from his own openings and workings. The 
rule of law that plaintiff can recover nominal or six cents 
damages for the first entry, and then wait until he ob¬ 
tains actual possession of the ground from which the ore 
was taken, and then bring another action for the value of 
the ore or mineral so mined and taken, shall not be ob¬ 
served nor applied to defeat, in the first action, the recovery 
of the value of the ore or mineral so wrongfully mined or 
taken. (Session Laws 1893, page 349.) 

Removing Ore—Felony—Penalty. 

If any person, lessee, licensee or employe in or about 
any mine in this State, shall break and sever, with intent 
to "steal the ore or mineral from any mine, lode, ledge or 
deposit in this State, or shall take, remove or conceal the 
ore* or mineral from any mine, lode, ledge or deposit, 
with intent to defraud the owner or owners, les¬ 
see or licensee of any such mine, lode, ledge or deposit, 
such offender shall be deemed guilty of felony, and on con¬ 
viction shall be punished as for grand larceny. (Sec. 
2513, Gen. Stat. 1883.) 


10 


Unlawful Purchase of Ore—Penalty. 

Any person, association or corporation, or the agent 
of any person, association or corporation, who shall know¬ 
ingly purchase or contract to purchase, or shall make any 
payment for or on account of any ore which shall have 
been taken from any mine or claim, by persons who 
have taken or may be holding possession of any such mine 
or claim, contrary to any penal law now in force, or which 
may be hereafter enacted, shall be considered as an 
accessory after the fact to the unlawful holding or taking 
of such mine or claim, and upon conviction shall be sub¬ 
jected to the same punishment to which the principals 
may be liable. (Sec. 2510, Gen. Stat. 18S3.) 

Removing Location Murks—Penalty. 

That if any person or persons shall wilfully and ma¬ 
liciously deface, remove, pull down, injure or destroy any 
location stake, side-post, corner-post, landmark, or monu¬ 
ment, or any other legal land boundary monument in this 
State, designating, or intending to designate the loca¬ 
tion, boundary or name of any mining claim, lode or vein 
of mineral, or the name of the discoverer; or date of dis¬ 
covery thereof, the person or persons so offending shall be 
guilty of a misdemeanor and on conviction thereof shall 
be fined not more than one thousand dollars, or imprisoned 
not more than one year, at the discretion of the court; pro¬ 
vided, that this act shall not apply to abandoned property. 
(Sec. 910, Gen. Stat. 1883.) 

Destruction of Fences, Etc.—Misdemeanor. 

That if any person, or persons, shall unlawfully cut 
down, break down, level, demolish or destroy, remove or 
carry away, any fence erected around, or covering, 
erected or placed over any shaft, pit or hole upon any 
mining claim, ground, premises, or upon the public lands 
in the State of Colorado, or remove the timber from any 
mining shaft, incline, or tunnel, the person, or persons so 
offending shall be guilty of a misdemeanor, and. on con¬ 
viction thereof, shall be fined in a sum not less than fifty 
dollars, nor more than one. thousand dollars, or imprisoned 
for not less than thirty days, nor more than one year, or 
by both fine and imprisonment, in the discretion of the 
court. (Session Laws, 18S5, p. 276. In the Session Laws 
of 18§9, pp. 460-461, mill sites are included, and a fine of 
not less than ten dollars nor more than five hundred is 
imposed for removing timber of any description or any 
cabin or habitation.) 

Entering by Force—Killing—Murder. 

If any person or persons shall associate and agree to 
enter, or attempt to enter, by force of numbers, and the 
terror such number is calculated to inspire, or by force 
and violence, or by threats of violence, against any per¬ 
son or persons in the actual possession of any lode, gulch 
or placer claim, upon or into such lode, gulch or placer 
claim, and upon such entry or attempted entry, 
any person or persons shall be killed, said persons, and 
all and each of them so entering, or attempting to enter, 
shall be deemed guilty of murder in the first degree, and 
punished accordingly. Upon the trials of such cases, 
any person or parties cognizant of such entry, or at¬ 
tempted entry, who shall either be present, aiding and as¬ 
sisting, or shall by promise of money, property, influence, 
assistance, or other thing of value, in anywise encourage 
such entry, or attempted entry, shall be deemed a princi¬ 
pal in the commission of said offense. (Sec. 2415, Gen. 
Stat. 1883.) 


11 


Seizure by Force—Penalty. 

Ill all cases when two or more persons shall associate 
themselves together for the purpose of obtaining the pos¬ 
session of any lode, gulch or placer claim, then in the ac¬ 
tual possession of another, by force and violence, or 
threats of violence, or by stealth, and shall proceed to 
carry out such purpose by making threats against the 
party or parties in possession, or who shall enter upon 
such lode or mining claim for the purpose afore¬ 
said, or who shall enter upon or into any lode, 
gulch, placer claim, quartz mill or other mining 
property, or not being upon such property, but within 
hearing of the same, shall make any threats, or make use 
of any language, signs or gestures calculated to intimi¬ 
date any person or persons at work on said property 
from continuing to work thereon or therein, or to intimi¬ 
date others from engaging to work thereon or therein, 
every such person so offending shall, on conviction 
thereof, be fined in a sum not to exceed two hundred and 
fifty dollars, and be imprisoned in the county jail not less 
than thirty days, nor more than six months, such fine to 
be discharged either by payment or by confinement in said 
jail until such fine is discharged at the rate of two dol¬ 
lars and fifty cents per day. On trials under this section, 
proof of a common purpose of two or more person^ to ob¬ 
tain possession of property as aforesaid, or to intimidate 
laborers as above set forth, accompanied or followed by 
any of the acts above specified, by any of them, shall be 
sufficient evidence to convict any one committing such 
acts, although the parties may not be associated together 
at the time of committing the same. (Sec. 2414, Gen. 
Stat. 1883.) 

Tunnel Clniin—Recording. 

If any person or persons shall locate a tunnel claim for 
the purpose of discovery, he shall record the same, speci¬ 
fying the place of commencement and termination thereof, 
with the names of the parties interested therein. (Sec. 
2389, Gen. Stat. 1883.) 

Dimensions of Tunnel Claim. 

Any person or persons engaged in working a tunnel, 
within the provisions of this chapter, shall be entitled to 
two hundred and fifty feet each way from said tunnel, 
on each lode so discovered; provided, they do not inter¬ 
fere with any vested rights. If it shall appear that claims 
have been staked off and recorded prior to the record of 
said tunnel, on the line thereof, so that the required num¬ 
ber of feet cannot be taken near said tunnel, they may 
be taken upon any part thereof where the same may be 
found vacant; and persons working said tunnel shall 
have the right of way through all lodes which may lie in 
its course. (Sec. 2390, Gen. Stat. 1883.) 

Tunnel Claim—Rights of Discovery. 

Where a tunnel is run for the development of a vein 
or lode, or for the discovery of mines, the owners of such 
tunnel shall have the right of possession of all veins or 
lodes within three thousand feet from the face of such 
tunnel on the line thereof not previously known to exist, 
discovered in such tunnel, to the same extent as if discov¬ 
ered from the surface; and locations on the line of such 
tunnel of veins or lodes not appearing on the surface 
made by other parties after the commencement of the tun¬ 
nel, and while the same is being prosecuted with reason¬ 
able diligence, shall be invalid; but failure to prosecute 




12 


the work on the tunnel for six months shall be consid- 
erd as an abandonment of the right to all undiscovered 
veins on the line of such tunnel. (Rev. Stat. U. S., Sec. 
2323.) 


Labor by Tunnel—How Considered. 

* * * Where a person or company has or may run a 
tunnel for the purpose of developing a lode or lodes owned 
by said persons or company, the money so expended on 
said tunnel shall be taken and considered as expended on 
said lode or lodes, whether located prior to or since the 
passage of said act (act of May 10. 1872), and such per¬ 
son or company shall not be required to perform work on 
the surface of said lode or lodes in order to hold the same 
as required by said act. (Act of Congress, February 11, 
1875, amending Sec. 2321, Rev. Stat. U. S.) 

Placer Claim—Location—Recording. 

m 

The discoverer of a placer claim shall, within thirty 
days from the date of discovery, record his claim in the 
office of the recorder of the county in which said claim 
is situated, by a location certificate, which shall contain: 
1. The name of the claim, designating it as a placer 
claim. 2. The name of the locator. 3. The date of lo¬ 
cation. 4. The number of acres or feet claimed. 5. A 
description of the claim, by such reference to natural ob¬ 
jects or permanent monuments as shall identify the claim. 
Before filing such location certificate the discoverer shall 
locate his claim: 1. By posting upon such claim a plain 
sign or notice, containing the name of the claim, the name 
of the locator, the date of discovery, and the number of 
acres or feet claimed. 2. By marking the surface boun¬ 
daries with substantial posts, and sunk into the ground, 
to-wit: One at each angle of the claim. (Sec. 2385, Gen. 
Stat. 1883.) 

Pincers to Conform to Surveys. 

Claims usually called “placers.” including all forms of 
deposits, excepting veins of quartz or other rock in place, 
shall be subject to entry and patent under like circum¬ 
stances and conditions, and upon similar proceedings as 
are provided for vein or lode claims; but where the lauds 
have been previously surveyed by the United States, the 
entry in its exterior limits shall conform to the legal sub¬ 
divisions of the public lands. (Rev. Stat. U. S., Sec. 2329.) 

Placer Claims Upon Surveyed Lands. 

Where placer claims are upon surveyed lands and 
conform to legal subdivisions, no further survey or plat 
shall be required, and all placer mining claims located 
after the tenth day of May, 1872, shall conform as near 
as practicable with the United States system of public 
land surveys and the rectangular subdivisions of such 
surveys, and no such location shall include more than 
twenty acres for each individual claimant, but where 
placer claims cannot be conformed to legal subdivisions, 
survey and plat shall be made as on unsurveyed lands; 
and where, by the segregation of mineral lands in any 
legal subdivision, a quantity of agricultural land less 
than forty acres remains, such fractional portion of agri¬ 
cultural land may be entered by any party qualified by 
law. for homestead or pre-emption purposes. (Rev. Stat. 
U. S., Sec. 2331.) 



1 


k > 

t) 


Lode Claim—Included in Placer. 

. Where the same person, association, or corporation is 
m possession of a placer claim, and also a vein or lode in- 
cmded within the boundaries thereof, application shall be 
made for a patent for the placer claim, with the state¬ 
ment that it includes such vein or lode; and in such case 
a patent shall issue for the placer claim, subject to the 
provisions of this chapter, including such vein or lode 
upon the payment of five dollars per acre for such vein 
or lode claim, and twenty-five feet of surface on each side 
theieof. llie remainder of the placer claim, or any placer 
claim not embracing any vein or lode claim, shall be paid 
for at the rate of two dollars and fifty cents per acre, to- 
gethei with all costs of proceedings; and where a vein or 
— lode, such as is described in section 2320, is known to 
exist within the boundaries of a placer claim, an applica¬ 
tion for a patent for such placer claim, which does not 
include an application for the vein or lode claim, shall be 
construed as a conclusive declaration that the claimant 
of the placer claim has no right of possession of the vein 
or lode claim; but where the existence of a vein or lode 
in a placer claim is not known, a patent for the placer 
claim shall convey all valuable mineral and other de¬ 
posits within the boundaries thereof. (Rev. Stat. U. S 
Sec. 2333.) 

Adverse Claim—Proceeding’s. 

W hen an adverse claim is filed during tlie period of 
publication, it shall be upon oath of the person or per¬ 
sons making the same, and shall show the nature, boun¬ 
daries and extent of such adverse claim, and all proceed¬ 
ings, except the publication of notice and making and 
filing the affidavit thereof, shall be stayed until the contro¬ 
versy shall have been settled or decided by a court of 
. competent jurisdiction, or the adverse claim waived. It 
shall be the duty of the adverse claimant, within thirty 
days after filing his claim, to commence proceedings in a 
court of competent jurisdiction, to determine the question 
of the right of possession, and prosecute the same with 
reasonable diligence to final judgment; and a failure so 
to do shall be a waiver of his adverse claim. After such 
judgment shall have been rendered, the party entitled to 
the possession of the claim, or any portion thereof, may, 
without giving further notice, file a certified copy of the 
judgment roll with the register of the land office, together 
with the certificate of the surveyor-general that the 
requisite amount of labor has been expended or improve¬ 
ments made thereon, and the description required in other 
cases, and shall pay to the receiver five dollars per acre 
for his claim, together with the proper fees, whereupon 
.the whole proceedings and the judgment roll shall be cer¬ 
tified by the 7’egister to the commissioner of the general 
land office, and a patent shall issue thereon for the claim, 
or such portion thereof as the applicant shall appear, 
from the decision of the court, to rightly possess. If it 
appears from the decision of the court that several parties 
are entitled to separate and different portions of the 
claim, each party may pay for his portion of the claim, 
with the proper fees, and file the certificate and descrip¬ 
tion by the surveyor-general, whereupon the register shall 
certify the proceedings and judgment roll to the commis¬ 
sioner of the general land office, as in the preceding case, 
%nd patents shall issue to the several parties according to 
their respective rights. Nothing herein contained shall be 
construed to prevent the alienation of the title conveyed 
by a patent for a mining claim to any person whatever. 
(Rev. Stat. U. S., Sec. 2320.) 




14 


How to Obtain Patent. 

A patent for any land claimed and located for valuable 
deposits may be obtained in the following manner: Any 
person, association or corporation authorized to locate a 
claim under this chapter, having claimed and located a 
piece of land for such purposes, who has or have com¬ 
plied with the terms of this chapter, may file in the proper 
land office, an application for a patent, under oath, show¬ 
ing such compliance, together with a plat and field notes 
of the claim or claims in common, made by or under the 
direction of the United States surveyor-general, showing 
accurately the boundaries of the claim or claims, which 
shall be distinctly marked by monuments on the ground, 
and shall post a copy of such plat, together with a notice 
of such application for a patent, in a conspicuous place 
on the land embraced in such plat previous to the filing 
of the application for a patent, and shall file an affidavit 
of at least two persons that such notice has been duly 
posted, and shall file a copy of the notice in such land 
office, and shall thereupon be entitled to a patent for the 
land in the manner following: The register of the land 
office, upon the filing of such application, plat, field notes, 
notices and affidavits, shall publish a notice that such ap¬ 
plication has been made, for the period of sixty days, in 
a newspaper to be by him designated as published nearest 
to such claim; and he shall also post such notice in his 
office for the same period. The claimant, at the time of 
filing this application, or at any time thereafter, within 
the sixty days of publication, shall file with the register 
a certificate of the United States surveyor-general that five 
hundred dollars’ worth of labor has been expended or im¬ 
provements made upon the claim by himself or grantors; 
that the plat is correct, with such further description by 
such reference to natural objects or permanent monu¬ 
ments as shall identify the claim, and furnish an accurate 
description, to be incorporated in the patent. At the ex¬ 
piration of the sixty days of publication, the claimant 
shall file his affidavit, showing that the plat and notice 
have been posted in a conspicuous place on the claim dur¬ 
ing such period of publication. If no adverse claim shall 
have been filed with the register and the receiver of the 
proper land office at the expiration of the sixty days of 
publication, it shall be assumed that the applicant is en¬ 
titled to a patent, upon the payment to the proper officer 
of five dollars per acre, and that no adverse claim exists; 
and thereafter no objection from third parties to the issu¬ 
ance of a patent shall be heard, except it be shown that 
the applicant has failed to comply with the terms of this 
chapter. (Rev. Stat. U. S., Sec. 2325. The act of Congress 
under date of January 22, 1880, amendatory to foregoing, 
provides that where the claimant for a patent is not a 
resident of the land district wherein the claim sought to 
be patented is located, the application for patent and affi¬ 
davit may be made by an authorized agent, where said 
agent is conversant with the facts to be established.—Ed.) 

Riglit to Timber on Public Lands. 

That all citizens of the United States and other per¬ 
sons bona fide residents of the States of Colorado, or 
Nevada, or either of the Territories of New Mexico, Ari¬ 
zona, Wyoming, Dakota, Idaho or Montana, and all other 
mineral districts of the United States, shall be and are 
hereby authorized and permitted to fell and remove, for 
building, agricultural, mining or other domestic purposes, 
any timber or other trees growing or being on the public 


15 


lands, said lands being mineral, and not subject to entry 
under existing laws of the United States, except for 
mineral entry, in either of said States, Territories or dis¬ 
tricts of which such citizens or persons may be at the 
time boua fide residents, subject to such rules and regu¬ 
lations as the Secretary of the Interior may prescribe for 
the protection of the timber and of the undergrowth grow¬ 
ing upon such lands, and for other purposes; provided, the 
provisions of this act shall not extend to railroad cor¬ 
porations. * * * Any person or persons who shall 
violate the provisions of this act, or any rules and regu¬ 
lations in pursuance thereof made by the Secretary of tlie 
Interior, shall be deemed guilty of a misdemeanor, and 
upon conviction shall be fined in any sum not exceeding 
five hundred dollars, and to which may be added imprison¬ 
ment for any term not exceeding six months. (Act of Con¬ 
gress, approved June 3, 1878, Rev. Stat. U. S., Chap. 20, 

p. 88.) 

Reservation of Mineral Rights FroinTownsites, 

Townsite entries may be made by incorporated towns 
and cities on the mineral lands of the United States, but 
no title shall be acquired by such towns or cities to any 
vein of gold, silver, cinnabar, copper or lead, or to any 
valid mining claim or possession held under existing laws. 
Where mineral veins are possessed within the limits of an 
incorporated town or city, and such possession is recog¬ 
nized by local authority, or by the laws of the United 
States, the title to town lots shall be subject to such 
recognized possession and the necessary use thereof; and 
when entry has been made or patent issued for such town- 
sites to such incorporated town or city, the possessor of 
such mineral vein may enter and receive patent for such 
mineral vein and the surface ground appertaining thereto; 
provided, that no entry shall be made by such mineral 
vein claimant for surface ground where the owner or occu¬ 
pier of the surface ground shall have had possession of the 
same before the inception of the title of the mineral vein 
applicant. (Act of Congress, approved March 3, 1801. 
Supplementry Secs. 2380, 2392, Rev. Stat. U. S.) 

Taxation of Mines. 

All mines and mining property of the class heretofore 
exempted by the constitution of the State of Colorado, shall 
hereafter be assessed and taxed, and the taxes levied en¬ 
forced by sale of the property taxed, in default of pay¬ 
ment, in the same manner as is now provided by law, in 
the case of other classes of real estate. The number of 
the survey lot or the name of the lode or claim, and the 
name of the mining district, shall be sufficient description 
for purposes of taxation and assessment of mining prop¬ 
erty. All mines and mining claims and possessory rights 
therein, producing mineral during the year exceeding in 
value the sum of one thousand dollars, shall be assessed 
by the assessor for the purposes of taxation and revenue, 
as follows: The assessor shall compute and ascertain the 
gross proceeds, in dollars and cents, derived from the 
mine and mining claim, to be valued during the preceding 
fiscal year; such mine or mining claim shall be valued for 
revenue purposes at a sum not exceeding one-fifth of the 
$sum thus ascertained, and said mine or mining claim shall 
be assessed and taxed accordingly; and if such gross pro¬ 
ceeds are derived from a group of several mines or mining 
claims contiguous to each other, owned or held by the 
same person, company or corporation, then such ascer- 


16 


tained sum shall he equally divided among and pro¬ 
rated to each of such claims and they shall he valued and 
taxed accordingly. In case the mine or mining claim shall 
not he patented, or entered for a patent, but shall he 
assessable and taxable under this act, on account of pro¬ 
ducing gross proceeds, then, and in that case, the posses¬ 
sion shall be the subject of the assessment, and if said 
mining property be sold for taxes levied, the sale for such 
taxes shall pass the title and right of possession to the pur¬ 
chaser, under the laws of Colorado. It shall be the duty 
of the county clerk of each county to obtain a list of all 
mineral survey lots, patented or entered for patent, or 
the name and locality of all productive possessory claims 
in his county, on or before the first day of May in each 
year. He shall be allowed by the county commissioners 
his outlays necessarily expended in obtaining the same. 
Such list shall he used by the assessor to aid in listing any 
claims not already listed by the owners. (Ses. Laws 1887, 
pp. 340-42.) 


STATE LANDS. 


Rules adopted January, 1890, governing prospecting 
and mining thereon: 

May Be Leased. 

The lands of the State may be leased for the purpose 
of lode mining for gold and silver and other minerals 
while yet unsubdivided into lots, for the same time and 
by leases similar to those now granted on lands already 
subdivided, as follows: 

Must Be Properly Designated. 

The applicant for such lots shall, in his application, 
designate the lots which he desires to lease by*numbers 
conforming to the plan already in use for subdivided min¬ 
eral lands. 

Improvements—By Whom. 

He shall also state in his application whether or not 
development work to the amount of $50, consisting of a 
shaft, open cut, adit or tunnel has been done by any other 
than himself on each or any of such lots, and whether any 
other person is, at the date of such application, or has 
been within ten days prior thereto, engaged in such work, 
and the name and postotlice address of such person. 

Fees Must Be Transmitted. 

All applications shall be sworn to, and any false 
statement shall work a forfeiture of any right the appli¬ 
cant may otherwise have, and no application will be re¬ 
ceived unless accompanied by a survey fee of $10, and $5 
rental for the first six months on each lot applied for. 

Prior Locator to Be Notified. 

If any person other than the applicant has done work 
or has been engaged within the time specified in doing 
work on any such lot, the register shall notify him by let¬ 
ter, addressed as stated in the application, to apply in the 
prescribed manner to lease said lot on the usual terms 
within twenty days of the date of said notice; otherwise, 
said lot may be leased to any party applying therefor. 




17 


Notice By Publication. 

II tho postofHce address of said party so doing or hav¬ 
ing done such work on said lot be unknown, the register 
shall cause to be published, at the expense of the party 
applying for the lot, a notice, similar in effect to that 
above mentioned, in some weekly paper of the county in 
which the land is situated for two successive insertions 
therein. 


Delinquency—Forfeiture. 


If the party so doing or having already done work on 
said lot does not, within twenty days after the date of 
the first publication of said notice, apply in proper form 
to lease said lot. it shall be leased to the party who ap- 
„ plies therefor. 

Lease to Highest Bidder. 

In all other cases where two or more applications are 
received for lease on the same lot, whether' the land be 
subdivided or not, the register shall set a day for the re¬ 
ceiving of sealed bids on the rental for the first six months 
of the terms of -the lease, and shall notify the parties 
applying of said day and the terms of the bidding. All 
such bids must be accompanied by cash or certified check 
for the survey fee, or the amount of the bid, and on open¬ 
ing bids the lot shall be leased to the party bidding the 
highest rental for the first six months. 

Board Determines Conflicting' Claims. 

In all cases the board reserves the right to adjust and 
determine conflicting claims. 


Gr. C. WELLS, 

Attorney at Law, 

219 Central Block, Pueblo,.Colorado. 


John W. Mullahey. W. A. Rice. 

MULLAHEY & BICE, 


Counselors at Law—Mining Law a Specialty, 

727 Ernest-Cranmer Building, 

Denver, Colo. 


J. M. ELLIS, 

(Formerly Receiver U. S. Land Office) 

Attorney at Law and Counselor in Land and 

Mining Cases, 

820 Ernest & Cranmer Block, Denver, Colo. 


H. R. PENDERY, 

Attorney at Law, 

Leadville, - - - Colorado. 

Mining Cases a Specialty. 

Examine the three new 

MODEL SMITH PREMIER TYPEWRITERS 
1027 Champa Street, Denver, Colo. 

W. H. Person, Manager. 
















18 






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*Streak is the mark made by rubbing or scratching the mineral over a hard, white, unglazed substance, or rubbing some of the powdered mineral on a piece of 
white paper with a knife blade. 

fTbis scale is made from the following list: 1—Talc; 2—Gypsum ; 3—Calcite; 4—Fluor Spar; 5—Apatite; 6—Feldspar; 7—Quartz; 8-Topaz; 9—Corun¬ 
dum ; 10—Diamond. 

































































































































MINING TERMS 


Adamantine—Any rock or ore of extreme hardness. 

Adit—A level, a horizontal passage from the surface into a mine. 

Alloy—A combination of one or more metals. 

Altitude—Elevation of an object above the sea level. 

Alluvium—Materials transported and deposited by water. 

Aluminum—Metallic base of clay. 

Amalgam— Gold or silver combined with mercury. 

Amalgamating:—A name applied to the process of separating gold and 
silver from their ore by mixing them with mercury. 

Amorphous —Mineral substance not crystallized. 

Apex—The top or higher point of a vein. 

Arastra—A rude mill used by Mexicans for grinding ore to a powder. 
Arborescent—Mineral of a leaf or twig-like form. 

Argillaceous—Of clay-like character. 

Assay—A test of mineral to determine quality and quantity. 
Assessment—Pecentage levied on the capital stock of a company, or the 
work required to be done annually on a mining claim. 

Attrition—Wearing away by rubbing. 

Attle—Waste Rock. 

Auriferous—Any rock or sand bearing gold. 

Augite—Composed of sand, lime and magnesia, with oxide of iron or 
manganese. 

Azurite—Blue copper ore. 

Barium—Metallic base or barytes. 

Barren Contact—A place in a contact without mineral. 

Barayta—Baraytes—The heaviest of all earthy matter. It is generally 
found in combination with sulphuric and carbonic acids, forming the 
sulphate and carbonate of baryta, known as heavy spar. 

Basalt—Is composed of augite and feld-spar, and is generally of a dull 
green, brown, black, or grey tint, containing frequently magnetic iron 
or particles of olivine. 

Base Bullion—One or more metals in combination with lead after 
smelting and cast into an ingot. 

Bed—A horizontal seam or deposit of ore. 

Bed-Hock—Rock underlying placer mines. 

Black Jack—Zinc blende: sulphide of zinc. 

Blende—An ore of zinc containing sulphur; sulphide of zinc. 

Blind Lode—Where there appears no out crop to a vein. 

Blossom Hock—Detached ore or gangue rock indicating the presence 
of mineral veins. 

Bonanza—Fair weather; a rich mine. (Spanish.) 

Bosses—A rock studded with mineral, quartz, etc. 

Boulders—Rounded masses of rock found out of place. 

Breast—The face of a tunnel or drift. 

Breasting Ore—Ore taken from the end of a tunnel or face. 

Breccia—Angular rocks cemented together, presenting colors. 
Budding—Separating ore by washing. 

Bullion—Ingots of gold and silver ready for the mint. 

Cage—An elevator used in hoisting ore, refuse, lowering material, men, 
cars, etc. 

Canon—A narrow passage through mountains; a deep chasm. 
Calcareous—Anything containing lime. 

Calcite—Carbonite of lime crystalized ; calc-spar 
Calc—Sinter—Stalactitic carbonate of lime. 

Calc—Tuff—A loose deposit of carbonate of lime ; calcareous tufa. 
Calcium—Metallic base of lime. 

Cap-rock—Rock overlying the vein-stone or ore. 

Carbon—One of the elementary constituents of the earth. It is the basis 
of all varieties of mineral-coal, graphite, commonly called plumbago, 
or black lead, of all animal and vegetable charcoal. The diamond is 
chrystalized carbon. 

Carboniferous—Formation containing coal. 

Cheek—The side wall of a vein. 

Chimney—This word is employed to designate those portions of a lode 
or vein which rise highest in the strata and lead down to the more 
regular fissure formation below. 

Cholorides—A combination of chlorine and silver or other metals. 
Chlorine—One of the elementary gases. 

Chute-A channel made out of boards or logs down which to slide ore, 
waste rock; etc. 

Claim—A tract of land of the United States taken up by any one for 
mineral, homestead, etc. 

Cleavage—In the tendency of crystals, rocks or ore, to split in certain 
definite directions, but not in others. 

Coaster—One who picks ore from the dumps. 

Collar—The top of a shaft or winze. 

Comb—One of the layers of a banded vein studded with crystals. 
Compact—A body that cannot be split. 



21 


C oncentrating Ore Ore may be concentrated in a variety of ways, ac¬ 
cording to its nature or composition. Usually the term concentra- 
tion, is meant to apply to those using mechanical processes such as 
ilni Be tthng and jigging. Or, in the dry way, fanning by a cur- 
u °* ^ lr ’ winch lighter or barren portions are separated from 
the heavier or richer ones. 

Conglomerate—Stones and pebbles cemented together. 

Contact—A junction of two kinds of rock, such as lime and porphyry. 

contact V ein—A vein between two dissimilar rock masses. 

Contiguous—In close or actual contact, 

Country—The ground traversed by a vein. 

Country-rock—The rock on each side of a vein. 

Crevice—A fissure—a split or crack. 

Cribbing—Timbers used in confining walls of a vein in place. 

Cropping Out—When mineral or rock appears at the surface. 

Cross-cut—A level driven across the course of a vein. 

Crucible—A pot used for melting mineral. There are several kinds and 
qualities named Hessian clay, Black lead, French, Meissen and Berlin 
crucibles. 


Cube—It is a body having six equal square sides, with equal angles. 

Cupel—A small bone-ash cup used by assayers. 

Cut—Where a mineral vein is intersected, crossed or divided. 

Cyanide—Cyanide of potassium—Chemical process which dissolves gold 
and silver from pulverized ores, carried in solution and released 
by contact with zinc shavings. Economical and effective. 

Debris—The refuse from mines ; or it is applied to a collection of the 
larger fragments of rock and strata, to distinguish it from detritus, 
or those which are pulverized, 

Dendretical—Silver appearing like tree branches. 

Denudation—The uncovering of rocks by water or other agencies. 

Deposit—The term is generally used to designate ore not confined to a 
lode. 


Dip —The slope or pitch of a vein or mine. 

Diluvium—A surface deposit of sand, pebbles, gravel, loam, etc. 

Disintegrate—Rocks decomposed by atmospheric, aqueous, and other 
agencies, and reduced to sand, gravel, etc. 

Disseminated—Where the mineral is distributed through the vein¬ 
stone. 

Dolomite—A crystaline magnesia carbonate of lime ; much of the build¬ 
ing marble is dolomite. 

Drift—A passage under ground from shaft to shaft, or a passage driven 
in search of ore; it is also a term applied by geologists to earth and 
rocks that have been drifted and deposited by water. 

Ductile—A mineral that is malleable and can be drawn out into wire or 
sheets. 

Dump—Is a place of deposit for ore and refuse. 

Dike—Is a wall of rock or mineral thrown upward; an intrusion of 
melted matter into rents or fissures of rocks. 

Exploitation—The working of a mine; the amount of work done. 

Face—The end of a drift or tunnel. 

Fault—The displacement of a stratum or vein. 

Feeder—A small vein entering into a larger vein. 

Ferruginous—Anything containing iron in solution or composition. 

Filffiorm^ ^ name mineral of a thread-like appearance. 

Fissure-vein—A crack in the earth’s crust containing mineral. 

Flint—A species of quartz, of a yellowish, bluish, or blackish grey color. 

FI oat—Loose quartz, calc spar, fluor spar, heavy spar or detached 

mineral. 

Fluccan—A half decomposed rock often found adjoining a vein. 

Flume—Pipe, box or trough used in conveying water. 

Fluoride—A combination of fluorine with a metal. 

Flux—Substance used to promote fusion of metals or ores. 

Foot-wall—Rock beneath a vein. 

Free-gold—Gold easily separated from the gangue-rock, gravel or dirt. 

Gad—A small pointed wedge. 

Galena—Sulphide of lead. 

Gash-vein—A vein wide at the top and closing at a short depth. 

Gneiss—(Nice). Metamorphic rock resembling granite 

Gouge—A clay streak found next to the walls of a fissure vein. 

Granitoid—Resembling granite. 

Gulch—A ravine; dry water course ; a gully. 

Gulcina—Oxide of gulcinum. 

Gulcinum—A metal in form of a greyish black powder which assumes a 
dark metallic lustre by rubbing. 

Gypsum—Sulphate of lime; when burned and ground fine is called 
plaster of paris ; when white, fine grained and translucent it is called 
alabaster. 

Gypsiferous— Partaking of the nature of gypsum ; plaster of paris; sul¬ 
phate of lime. 

Hanging-wall—A layer of rock or wall overhanging a lode, 

Heading—A vein of ore above a drift. 

Headings—Gravel above the head of a sluice. 

Hexagonal— A crystal having six sides and six angels. 

Horse—A mass of rock between the branches of a vein. 

Hydrogen—One of the elements of water; the lightest substance known. 

Hyacinth—A red, ferruginous quartz, of a blood-red color; sometimes 
of a reddish orange ; also brown. 

Igneous—The igneous rocks are those rocks whose structure is attribu¬ 
table to heat, such as porphyry, etc. 


22 


Incline-drift—An incline passage-way under ground. 

Indurated—Any substance becoming hardened. 

Ingot—A mass of gold, silver or other metal cast into a mould. 
Infiltration—Water penetrating the interstices or cavities of a body. 

In place—Not having been disturbed from its original position, and not 
separated from the entire mineral body. 

Iridescence—A gleaming of colors. 

Jig—A machine for concentrating ore by means of water. 

Jumping a claim—Relocating a claim made by another in the absence 
of the original claimant, or by force. 

Lagging—The timbers over and upon the sides of a drift. 

Laminae—Thin sheets or scales of a mineral. 

Lead-granulated—Pure lead used in assaying. 

Ledge, lode or lead—Mineral ores and gangue confined within fissure 
veins. 

Level—A horizontal passage in a mine diverging from the shaft. 
Lixiviation—This term is used for all processes in which the ground 
ore or “pulp” is treated by chemicals in the wet way. There are 
many different processes, but all include treatment of the wet pulp by 
suitable chemicals. 

Lode—A belt or sheetof mineral bearing rock, having definite boundaries 
and clearly separated from neighboring rocks. 

Lustre—The gleam or polish of a mineral. 

Magnesium—Metallic base of magnesia. 

Magnesia—A soft white powder, without taste or smell; oxide of magne¬ 
sium. 

Malleable—A metal that will flatten under the hammer. 

Manganese—A Metal of a wnitish grey color to a dusky white, very 
hard and difficult to fuse. 

Marl—A mixture of lime and clay. 

M assive—In mass; having a chrystaline structure. 

Matrix—The same as gangue or vein stone. 

Metallic—Like a metal in lustre and substance. 

Metallurgy—The science of testing, assaying or separating the metals 
from their ores. 

Mill-run—A test of the value of an ore from a large quantity. 

Nodules—A rounded mineral mass of irregular shape. 

Octahedron—A solid, w'ith eight triangular plane faces ; two four-sided 
pyramids base to base. 

Opaque—Not transmitting light. 

Opal— Fire Opal —A silliciousgem of red and yellow flame colors. Com¬ 
mon Opal —Has a milky appearance. 

Out-crop—The portion of a vein showing at the surface. 

Oxide—A compound of oxygen with any other single element. 
Panning-out—Paying well; in panning gold where considerable is 
found. 

Pay-rock—Lode mineral in which ore is found. 

Pearl-spar—Brown spar; a magnesian carbonate of lime colored by the 
oxide of lime or manganese. 

Petering—Giving out; failing. 

Pitch—A slope or dip. 

Placer—A deposit of mneral, particularly gold, in sand or gravel, 

Plane—A flat, regular surface, as of still water. 

Plumbiferrous—Pertaining to ores carrying a percentage of lead and 
iron. 

Pocket—A rich spot in a vein or deposit. 

Porphyry—A rock consisting of a compact feldspathic base through 
which are scattered crystals of feld-spar of various colors, some¬ 
times white ; the term is often applied to other rocks of compact uni¬ 
form base, which contains crystals of another mineral. 

Precipitated—Cast or thrown down as a sediment. 

Prospecting—Searching for mineral veins or deposits. 

Pudding-stone—A coarse sandstone composed of pebbles; flints cement¬ 
ed together. 

Quartz—Glassy Variety '.—Amethyst —color purple or bluish violet. 

Rose Quartz —Pink colored: much fractured. 

Citrine or Topaz —Yellow color. 

Cairngorm— A yellowish crystal or false topaz. 

Milky Quartz —Greasy feel. 

Leek or Green Quartz— Colored with the silicate of iron. 
Aventurine —Spangled with yellow covered mica; sometimes 
gray, brown, or reddish brown in color. 

Iron Colored Quartz —Yellow, brownish yellow or red. 
Semi-Tranparent Variety— Chalcedony —White, bluish and 
brown. 

Chrysoprase —Apple-green color. 

Carnelian —Bright red color with clear rich tint. 

Sardonox —Deep brownish r( d. 

Agate —Variegated colored lines ; sometime looks like moss in¬ 
closed. 

Onyx— Variety of colors in horizontal layers. 

Cat's Eye —Greyish green color, 

Flint Hornstone— Smoky gray, brown and even black; partly 
translucent. 

Jasper, or Opaque Variety— Heliotrope or Bloodstone —Con¬ 
tains alumina and oxide of iron. 

Touch Stcne or Lydian Stone —Velvet black color ; used to detect 
gold. 

Basanite —Black Jasper or flinty slate. 

Pseudo-Morpheus —Imperfectly crystaliled. 


23 


Quartz—Opaque Variety—Continued. 

VVood Jasper —Wood mineralized by silicioua petrefaction ; yel¬ 
lowish brown.; 

Hydrophane— White ; a variety of opal. 

Quartz—Porphyry—Consists of well marked grains, bulbs or crystals ; 
color, flesh red, reddish brown, purple, yellow, bluish slate gray and 
white; mica or hornblende gives dark gray, brown or greenish tints. 
Quartz—Trachyte—It presents a glassy, enamel like or porcellaneous 
character under magnifying lens. 

Quartzose—Resembles quartz in nature and characteristics. 

He-Agents—Chemicals employed to detect the presence of metal. 
Reducing—The process of extracting the metal from the ore. 

Keniform—A. Kidney-shaped ore. 

Reticulated—Ore resembling net work. 

Resinous—Resembling common resin. 

Rhyolite—A lieht colored, felsitic, thinly banded rock containing small 
white or glassy crystals of plagioclase and leaves of biotite, with some 
quartz. Ashen gray, white or pale pink in color. 

Ruby—1. Spinelle —Is orange, red and violet brown ; consists of alumina 
and magnesia, with iron and chromium. 

2. Pyrope— Is the sillicate of magnesia and alumina, with iron 
as coloring matter. 

Salting a M iue—Placing foreign ore in the crevices of a vein for the 
purposes of deceiving. 

Sapphire—It is nearly pure alumina with iron as coloring matter, and 
next to the diamond in hardness. 

Schistose—Rock admitting divisions into flags, slabs or slates. 

Sectile—Easily split in one or several directions. 

Selvage—Thin band of earthy matter between the walls and vein. 

Shaft—A well-like excavation. 

Shale—A fine grained sedimentary rock, having a slaty structure. 

Slag—Waste from smelters; scum, dross, vitrified cinders, etc. 

Slimes—Ore crushed fine in the mills or vein. 

Sluices—Troughs through which water is run to wash out gold. 
Smelting—The reduction of ores by fire. 

Sodium—Metalic base of soda. 

Spars— Calc Spar —Chrystalliue carbonate of lime of various shades of 
grey, white, green or yellow. 

Fluor Spar —Fluroide of lime, clear, green and yellow colors. 
heavy Spar— Sulphate barium, white, red, yellow, etc. 

Pearl Spar —Magnesian carbonate of lime of pearly lustre. 
Volcanic Spar —Fused feld spar. 

Spathose—Having a sparry appearance. 

Si amps—Machines for crushing ores. 

Stope—To excavate in the form of steps. 

Stoping—The act of excavating the ore from the roof or floor of a drift 
with a pick; the former is overhand stoping; the latter underhanded 
stoping. 

Strike—The extension of a lode in a horizontal direction ; valuable min¬ 
eral development made unexpectedly. 

Streak—Definition see Table mineral ores. 

Stulls—A frame work to support the rubbish when stoping. 

Sump—A hole in the bottom of a shaft or tunnel for collecting the water. 
Tailings—The refuse left after washing or smelting ores, generally con¬ 
taining ores or metals not recovered. 

Talc—A magnesian mineral of smooth surfaces,greasy feel,shining lustre, 
translucent and easily scratched by the finger nail. 

Tenderfoot—A novice in the art of mining and without knowledge of 
prospecting for minerals. 

Tertiary.—A late geological period. 

Test-lead—Lead refined and granulated for assayers. 

Trachyte—A species of lava in which feld-spar predominates; when 
field-spar crystals are thickly and uniformly disseminated through 
the mass it is called trachyte porphyry. 

Translucent—Transmitting light, but not clear like horn. 

Triturate—To grind or pulverize. 

Tunnel—A level driven across a vein. 

Tuffa-Tuff—1. A volcanic sandstone. 

2. A soft porous rock deposited by water, usually calca¬ 
reous. 

Turquoise—Hydrated phosphate of alumina of a bluish green. 

Vein—An aggregation of mineral matter in rock fissure (See lode.) 
Vitreous—Having the appearance of glass. 

Whim—A machine for raising ore and refuse. 

Winze—A shaft sunk from one level to another. 


High grade ore—Whether an ore is to be classed as “ High Grade Ore ” 
depends upon the nature of the ore, which determines the process to 
be used in extraction of the mineral. For instance, an ore with 50 per 
cent of lead and 50 ounces of silver per ton would be classed High 
Grade as a Smelting Ore; but if it contained 50 ounces of Silver and no 
lead , it would be classed Low Grade Ore , whether at a smelting or 
amalgamating mill. Again, 100 ounce ore with no lead, would be 
called High Grade Ore as an amalgamating ore, and Low Grade Ore 
as a smelting ore. But generally, 40 ounces and under in any silver 
ore may be classed as Low Grade , though many smelting ores thus 
classed will pay handsomly if plentiful enough. 




THE PRINTERS . . 


MARSH & CARTER. 


1728 Arapahoe Street, Denver, Colorado. 


Stock Certificates, Prospectuses and Office Stationery. 





Established 187 4-. 

Cor. 16 ‘^California Sts 


Agents for 
STEIN WAY, 
EVERETT, 
KIMBALL, 

SMITH & BARNES, 
STORY & CLARK, 
Pianos and Organs. 


Samples by mail or express receive prompt attention. 

GOODELL & DOYLE, 

Assayers and Chemists, 

1655 Champa Street, Denver, Colorado. 

THE ROCKY MOUNTAIN HERALD, 

H. M. Rhoads, Proprietor. 

iSP^The recognized legal paper of Colorado. One Dollar per annum. 

1633 Champa Street, Denver, Colorado. 


THE MORRIS PRINTING COMPANY, 

1528 Champa Street, Denver, Colorado. 

Will furnish any kind of printing for mining companies, guarantee 
quality of work and satisfactory prices. 

Telephone 443. 

— 

Established 1878. Telephone 1087 

HENRY E. WOOD, 

Assayer, 

1734 Arapahoe Street, Denver, Colorado. 




E. L. ROGERS. 

Civil and Mining Engineer, 

414 Cheesman Block, Denver, Colorado. 

Being aided by a corps of skilled assistants, and the most improved 
engineering instruments, I can render the best of service. 



Seals, any size, $2.50 


STOCK CERTIFICATES. 


250----$ 5.00 

500_ 9.00 

1000_ 15.75 

2000_ 29.00 


Choice of thirty different kinds, perforated, 
numbered and nicely bound. 

We are the only firm in Colorado that print 
stock certificates and make seals under the 
same roof, and why can’t we make low prices. 
A. S. CARTER & CO., 733 16th st., Denver. 





























































































































































































































































































































































































































































































































































































































































